Find Lawyers in West Palm Beach, Florida for Bet-the-Company Litigation
David Ackerman defends law firms in professional malpractice and legal ethics actions. A Fellow of the American College of Trial Lawyers, clients value his litigation experience and strategic insight in resolving disputes through trial and appeals, negotiation, or arbitration. Ranked by Chambers USA , where he is described as “an even-keeled, thoughtful and smart attorney,” he is repeatedly recognized by Florida Trend’s Legal Elite and included in The Best Lawyers in America...
Larry Rochefort is the chair of Akerman’s Litigation Practice Group, a leading team of trial lawyers advising companies in complex litigation and arbitration across the United States and Latin America. Larry is recognized for Bet-the-Company Litigation by The Best Lawyers in America and as a “Litigation Star” by Benchmark Litigation . He represents financial institutions, developers, owners, contractors, insurers, and retailers in real estate, lending, and other disputes. He...
JOHN (JACK) SCAROLA graduated with honors from Georgetown University in 1969 and from Georgetown Law Center in 1973. Before joining the firm in 1978, he was Chief Felony Prosecutor in the Palm Beach County State Attorney’s office, where he was lead counsel in the trials of more than 50 major criminal cases, including the nation’s first gavel-to-gavel televised murder trial. Mr. Scarola is Board Certified in both Civil Trial Practice and Commercial & Business Litigation. While ...
Bet-the-Company Litigation Definition
Bet-the-company cases create unique challenges. Counsel inside and outside the company must respond to several alarmed constituencies, including insiders (management, the board, employees, shareholders, investors); outsiders (customers, vendors, lenders, insurers), and regulatory authorities (to name only a few: SEC, FTC, FDA, EPA, and DOJ and their international counterparts). Counsel must conduct every aspect of the litigation with the needs and desires of these sometimes conflicting constituencies constantly in mind.
The company may face multiple investigations: congressional, criminal, regulatory, as well as special quasi-governmental commissions and internal investigations conducted by the company itself or by other parties. Counsel must deal with these investigations understanding that decisions made early on can have an enormous impact on the outcomes of investigations, subsequent litigation, and on the ultimate resolution.
Litigation may erupt in multiple jurisdictions (federal, state, international) and in multiple forms (criminal, civil, administrative, arbitral). The company may face multiple litigation adversaries, including the United States Department of Justice, State Attorneys General, regulatory counsel, and private counsel for adverse parties. Parties aligned with the company will have their own counsel, constituencies and agendas. The formal and informal coordination of all these proceedings and parties will impact the duration, cost and course of the litigation. The reputation of the company’s lead counsel – in part pre-existing and in part earned over the course of the litigation – will be critical in dealing with all these tribunals, parties, and attorneys.
Bet-the-company cases require an ability not only to navigate in these different environments, but also to see how the moving parts fit together. That in turn is the key to a more important ability: to work out, with the client, a plan – a plan that will be constantly adjusted – to get from the chaotic beginning to a satisfactory resolution.
It is best in bet-the-company cases to have a lead lawyer responsible for coordinating the varied teams of lawyers needed to handle, under a coherent plan, all these facets of the problem – teams with varying types of expertise, drawn from multiple firms, and often working in different locations. With leadership, cohesive teams can solve extraordinary problems.
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